RULE 4.220. ADVERSARIAL PROBABLE CAUSE HEARING

(a) An adversarial probable cause hearing shall be held,
within 5 days after service of a demand upon the petitioner, if the
court determines that the failure to begin a trial in accordance with
the time provided in rule 4.240(a) is not the result of any delay
caused by the respondent and the time limitation to begin the
hearing has not been waived. The respondent may waive the
adversarial probable cause hearing in writing or on the record in
open court.

(b) An adversarial probable cause hearing shall be held,
within 5 days after service of a demand upon the petitioner, if the
respondent’s incarcerative sentence has expired and the respondent
has been transferred to the custody of the Department of Children
and Family Services.

(c) The court shall receive evidence, hear argument of the
attorneys, and determine whether probable cause exists to believe
that the person is a sexually violent predator at the adversarial
probable cause hearing.
(d) At the adversarial probable cause hearing, the
respondent has the right to:

(1) be represented by counsel;

(2) present testimony and other evidence;

(3) cross-examine any witnesses who testify against the
respondent; and

(4) view and copy all petitions and reports in the court
file.

(e) The court shall issue an Order of No Probable Cause and
release the respondent from custody if the evidence does not
establish probable cause to believe the respondent is a sexually
violent predator.